High CourtsSingle Bench

Devki Chandravanshi vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 25 February 2021 · Citation: (2021) 02 MP CK 0164

HON’BLE JUDGES
Mohd. Fahim Anwar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.11094 Of 2021
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Judgment

18 paragraphs · 311 words

Mohd. Fahim Anwar, J

This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.117/2021, registered at Police Station Seoni District Seoni, for

commission of offence punishable under Section 34(2) of M.P.Excise Act.

The case of the prosecution is that about 60 bulk liters of country made liquor was recovered from the possession of applicant.

Learned counsel for applicant submitted that the applicant is an innocent person and has falsely been implicated in the present offence. The applicant

is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail

since 11/02/2021 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the

applicant.

Learned counsel for the respondent/State opposed the bail application. Considering the facts and circumstances of the case, the period of judicial

custody of the applicant, who is in custody since 11/02/2021 and the exigency of Covid-19 disease, I am of the considered view that it is a fit case to

release the applicant on bail.

Consequently, the application is allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of

Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the committal/trial Court to appear before

the Court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C.C., as per rules.